Expert: Mark J. Markus- California Bankruptcy Attorney - 5/5/2009

Question
QUESTION: I filed Ch 7 in 2008 in which I included all debts. I divorced in 2007 but still owned a home (co-owned with ex) and she didn't file. The house was joint property in the divorce, but now the lien holders are after her. Can they (or she) come back to me after it has been discharged?

ANSWER: Presumably you listed these lienholders and your ex-wife in your bankruptcy case, so if you received a discharge, there's nothing for them to come after you for.  Your ex- can still seek to collect alimony, maintenance or support from you, however.

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QUESTION: I don't believe I listed my ex-wife as a lienholder. I still make the support payments as per the order. Can she come back to me for the mortgages?

ANSWER: Your ex-wife had a lien against your home?   If so, the lien survived the bankruptcy and she can be paid once you sell or refinance the property.  I thought you originally said that the lien holders were "after her".  I'm a bit confused by your change in facts.  Child support and alimony debts are never dischargeable in bankruptcy.

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QUESTION: Sorry for the confusion! We were co-borrowers on the 1st and 2nd lien. Thanks

Answer
A lien is a legal right to collect against a piece of collateral/property.   You don't borrow on a lien.  I'm really not sure what question you're asking at this point.  If you failed to list a creditor, depending on the jurisdiction where your case was filed, then you may or may not have been discharged from that debt.  In California, if it was a no-asset Chapter 7 case, you would be discharged regardless of whether the creditors were listed or not.